This 'Partnership Agreement' is to formalize a cooperative agreement
between the California Dairy Quality Assurance Program (CDQAP),
the University of California Cooperative Extension (UCCE), the California
Department of Food and Agriculture (CDFA), the California Environmental
Protection Agency and the State Water Resources Control Board (Cal-EPA-SWRCB),
the California Resources Agency and Department of Fish and Game
(CRA-DFG), and three organizations within the United States Department
of Agriculture: Animal Plant Health Inspection Service (APHIS),
the Natural Resources Conservation Service (NRCS), the Farm Services
Agency (FSA), and Region 9 of the United States Environmental Protection
Agency (US-EPA).

The purpose of this Partnership Agreement is to support the Environmental
Stewardship component of the CDQAP as a voluntary, cooperative government
and industry education/ facility evaluation program. The program's
objective is to assist California dairy producers in meeting all
federal, state, regional and local requirements relating to manure
and nutrient management. The program's ultimate goal is to help
ensure a healthful environment for the people and wildlife of the
state of California. The program core components include continuing
education workshops for producers, the creation of Environmental
Stewardship Farm Management Plans tailored to each dairy, and on-site
evaluation by a third party.

Each of the participating State and Federal agencies will support
the partnership to the extent that it does not conflict with any
agency's statutory and regulatory obligations. The parties to the
Partnership Agreement recognize their related interests and by mutual
agreement will create a framework to enhance public and environmental
health in the State of California. Industry organizations supporting
this agreement include: California Dairy Research Foundation, California
Farm Bureau Federation, California Manufacturing Milk Advisory Board,
California Milk Advisory Board, Milk Producers Council, and Western
United Dairymen. Technical support including education and training
is being provided by the University of California, Davis.

This 'Partnership Agreement' (PA) is to formalize a cooperative agreement between the California Dairy Quality Assurance Program (CDQAP), the University of California Cooperative Extension (UCCE), the California Department of Food and Agriculture (CDFA), the California Environmental Protection Agency and the State Water Resources Control Board (Cal-EPA-SWRCB), the California Resources Agency and Department of Fish and Game (CRA-DFG), and three agencies within the United States Department of Agriculture: Animal Plant Health Inspection Service (APHIS), the Natural Resources Conservation Service (NRCS), the Farm Services Agency (FSA); and Region 9 of the United States Environmental Protection Agency (US-EPA).

The Partnership Agreement will ultimately result in an voluntary, cooperative government and industry environmental stewardship education program. Producers completing this education program will become 'certified.' The term 'certified' or 'certification' as used in this agreement, carries no regulatory significance other than to inform local, regional, state and federal agencies of the producer's efforts in meeting compliance. Nothing in this agreement shall be construed as surrendering existing statutory or regulatory authority of any regulatory agency. Nothing in this agreement shall be construed to release a dairy operator from complying with the applicable federal, state, regional or local environmental statutes, regulations, permits, or orders.

The exact policies and procedures by which a producer will become certified will be determined following a pilot program to be coordinated by the California Department of Food and Agriculture (see Section VIII). Other interested parties such as the California Regional Water Boards and the Department of Health Services will be invited to participate in both the pilot program and the development of certification policies and procedures. The policies and procedures will be agreed to by unanimous consent of all partners prior to their implementation.

The purpose of this Partnership Agreement is to support the California Dairy Quality Assurance Program as a voluntary, cooperative government and industry education and facility evaluation program. The program's objective is to assist California dairy producers in meeting all federal, state, regional and local regulations relating to manure and nutrient management. The program's ultimate goal is to help ensure a healthful environment for the people and wildlife of the state of California. The program core components include continuing education workshops for producers, the creation of Environmental Stewardship Farm Management Plans specific to each dairy, and on-site evaluation by a third party. However, third party evaluation and certification is not a determination that a facility is in compliance with environmental laws and regulations.

In order to facilitate the education and certification of the state's dairy producers, all partners in this agreement will cooperate in the development of training materials designed to assist dairy producers into coming into compliance with all federal, state, regional and local environmental rules and regulations. Each of the participating state and federal agencies and industry organizations will support the partnership to the extent that it does not conflict with any agency's statutory and regulatory obligations. The parties to the Partnership Agreement recognize their related interests and by mutual agreement will create a framework to enhance public and environmental health in the State of California.

This agreement sets forth the working arrangements among these agencies and participating industry organizations concerning mutual planning, sharing of information, and training in matters relating to environmental stewardship for dairy producers.Principal considerations will be the enhancement of environmental health through education and sharing of information.

Each of the signatories will support the agreement in the following areas:

The primary responsibility of all partners are: 1) to develop training
materials designed to assist producers in determining their compliance
with all federal, state, regional and local environmental laws and regulations
related to dairy manure and nutrient management 2) to communicate and
coordinate with each other to assist producers in achieving compliance.
A product of this effort will be an environmental compliance check-list
and related educational materials for use by dairy producers and their
advisors in developing and implementing Environmental Stewardship Farm
Management Plans.

Each partnering organization will have a primary contact/coordinator
and a backup. Contact information (office / mobile / pager / FAX / electronic
mail phone numbers) will be made available to all partners.

Planning meetings will be scheduled yearly (or at more frequent intervals
if deemed necessary by all parties). Meetings will be scheduled at least
30 days in advance. The purpose of the meetings will be to: (1) share
information on related activities within each organization (2) evaluate
the effectiveness of the agreement and (3) make recommendations for improving
the agreement.

Meetings may be requested by any partner to address issues related
to the program.

The California Dairy Quality Assurance Program (CDQAP) will coordinate efforts of the dairy industry, government, and academic partners participating in this agreement. This program is a voluntary state, federal and industry cooperative whose mission is to 'encourage science-based dairying practices which promote the health of the consumer, the environment, and dairy livestock.' Technical assistance for the program is being provided by the University of California, Davis. The program is currently funded by grants from the California Manufacturing Milk Advisory Board. While the food safety and animal health modules of the program are currently under development, environmental stewardship represents the first element of the program to be implemented. Obligations of the public and private signatories of this agreement are limited to the elements of the agreement itself. Participation in this agreement in no way obligates collaborating organizations or individual producers to participate in any other components of the CDQAP (such as the food safety and animal health/welfare modules).

Dairy producers in California may voluntarily choose to become certified by the CDQAP in environmental stewardship. The requirements and benefits of this certification as well as the role each of the organizations participating in this Partnership Agreement will play in the certification process are outlined below. The process by which a producer is certified will be finalized by unanimous consent of all partners following completion of the certification pilot project (see Section I).

Participation in the program by a dairy producer is strictly voluntary.
These certification requirements are intended to assist the producer
in complying with laws and regulations set forth in:

the California
Porter Cologne Water Quality Control Act

the federal Safe Drinking
Water Act

the federal Clean Water Act

the California Fish
and Game Code and the

federal Coastal Zone Management Act.

In
order for a producer to become certified in the Environmental Stewardship
program, each of the three requirements listed below must be completed.

By participating in this partnership agreement, the signatories
to this agreement are not making a determination that producers
receiving third party certification are in compliance with applicable
laws. However, third party certification is one mechanism by which
local, state, and federal regulatory agencies are informed of a
producer's efforts in achieving compliance with environmental laws.

Environmental Stewardship Short Course - Each producer (or authorized
employee representing the dairy) must complete a workshop in environmental
stewardship developed or approved by University of California Cooperative
Extension (UCCE). Workshops will be held at various locations throughout the
state and conducted by UCCE trained staff. Certificates of completion will
be provided and records of attendance kept by UCCE.

Environmental Stewardship
Farm Management Plan and associated documents - Each producer (or authorized
employee representing the dairy) will complete an Environmental Stewardship
Farm Management Plan and other associated documents tailored to his or her
dairy. The producer is responsible for developing the farm management plans
and the plans shall remain at the facility. A regulatory agency's authority
to gather information, an operator's right to withhold information and the
public's right to access the information shall be governed by existing laws
and regulations.

A narrative describing how surface and groundwater discharges
will be prevented. The map and narrative will address: 1) containment
of all facility waste water up to and including contaminated rainwater
from a 25-year, 24-hour storm event, 2) prevention of washout
of storage ponds from a 20-year flood (or 100-year flood for dairies
built after November 27, 1984), 3) exclusion of cattle (that are
fully or partially on feed and located on anything other than
pasture) from entering surface waters (ponds, creeks, etc.), 4)
diversion of uncontaminated precipitation and surface drainage
from manure or wastewater storage areas, and 5) operation and
maintenance practices related to storm water management.

An emergency plan which describes how appropriate resources
will be mobilized in the event of a discharge or impending discharge.

Documentation that the operator has fulfilled the local, state
and federal environmental regulatory requirements.

Documentation that the operator meets applicable requirements
for dairy storage ponds and land application of manure and wastewater.

Other such elements as may be required by the local or regional
water quality control board, for example Waste Discharge requirements.

Initial On-site Evaluation - The producer (or authorized employee
representing the dairy) will participate in an on-site evaluation
by a third party. This evaluation will only occur at the request
of the producer. A check-list cooperatively developed by the participants
in this Partnership Agreement will be used as the evaluation tool.
Evaluations will rely heavily on examination of the Environmental
Stewardship Farm Management Plan and related documents developed
by the producer. The evaluation will include a visual assessment
of the waste containment and runoff control facilities. The on-site
evaluation will be non-regulatory in nature. Following successful
completion of an evaluation, the third party will notify UCCE which
will complete the certification process.

In the event that the on-site evaluation reveals circumstances
which need to be corrected, the evaluator will leave an itemized
list of corrections and will schedule a subsequent re-evaluation.
Upon successful completion of the re-evaluation, the third party
will notify UCCE, which will complete the certification process.

If a producer owns more than one facility, an employee representing
the facilities will only have to attend the Environmental Stewardship
Short course once, but a separate Environmental Stewardship Farm
Management Plan and associated documents will have to be completed
for each facility where livestock are kept.

Re-certification - Periodic re-certifications following the
third party on-site evaluation protocol described above will be
necessary for a producer to maintain his or her Environmental Stewardship
Certification as current. The frequency of these re-certifications
will be determined as part of the policy and procedure development
following the pilot project. In the event that the on-site evaluation
reveals circumstances which need to be corrected, the evaluator
will leave an itemized list of corrections and will arrange for
a subsequent re-evaluation.

Quality Control of Evaluation Service - Inspectors
from regulatory agencies may sometimes accompany the certification
evaluators to observe the quality of the evaluation. A producer
has the right not to participate in these joint training exercises.
Nothing in this provision limits the ability of a regulatory agency
to conduct inspections as authorized by applicable laws.

The CDQAP will support the goals and activities of this agreement
as outlined in the above sections I (Agreement to Establish Partnership),
II (Partnership Purpose and Goals), and III (Program Areas and
Activities). The primary responsibility of all partners is to
communicate with the other partnering organizations to assist
producers in meeting a generally understood set of federal, state,
regional and local environmental regulations.

The CDQAP will fund, implement and promote a program which
will make Environmental Stewardship workshops available to any
producer, regardless of marketing or service organization affiliation.
The Environmental Stewardship program has established a goal of
having 50% of all producers trained within 24 months of the signing
the Partnership Agreement.

The CDQAP will fund, implement and promote a program by which
any producer, regardless of marketing or service organization
affiliation, can voluntarily have his or her facility evaluated
and certified.

The CDQAP will be the lead organization coordinating of the
efforts of the various state, federal, industry and academic partners.
This coordination will include, but is not limited to, matters
related to training, educational materials, and funding.

The CDQAP will be the lead organization responsible for the
maintenance of routine communications between the organizations
participating in this Partnership Agreement. This will include
but is not limited to progress reports, scheduling, and minutes
of meetings.

The CDQAP will be the lead organization responsible for communication
of the goals, requirements and benefits of the Environmental Stewardship
program to the state's producers.

University of California Cooperative Extension (UCCE) will
support the goals and activities of this agreement as outlined
in the above sections I (Agreement to Establish Partnership),
II (Partnership Purpose and Goals), and III (Program Areas and
Activities). The primary responsibility of all partners is to
communicate with the other partnering organizations to assist
producers in meeting a generally understood set of federal, state,
regional and local environmental regulations.

UCCE will make a dairy environmental workshop available to
every dairy producer in California, regardless of marketing or
service organization affiliation. The Environmental Stewardship
program has established a goal of having 50% of all producers
trained within 24 months of the signing of the Partnership Agreement.
Attendance by a producer in an educational stewardship short course
does not require that he or she participate in an on-farm certification.
However, both workshop training and on-site certification are
prerequisites for a producer to become certified in the environmental
stewardship program. UCCE will work with all partners to ensure
that the content of the short course is consistent and current
with all federal, state, regional and local environmental regulations.

Listings of successful completion by a producer in an environmental
stewardship short course and on-site certification will be kept
by UCCE and provided to all organizations participating in this
agreement. All reports resulting from these data will prominently
state that 'A dairy's lack of participation or certification in
this program does not necessarily imply that the facility is out
of compliance with any local, state or federal environmental regulations.'

With the assistance of the other partners, UCCE will compile
a central databank of information regarding environmental regulations,
interpretation of those regulations, emerging technologies, and
educational materials.

UCCE will organize the training of the third party evaluators
and assist in conducting quality assurance checks to insure that
the on-site evaluations assist producers in meeting all state,
federal, regional, and local environmental regulations.

UCCE will create and distribute additional materials ('Updates')
based on Notices of Violation and Cease and Desist Orders and
other information supplied by other partners.

The California Department of Food and Agriculture (CDFA) will
support the goals and activities of this agreement as outlined
in the above sections I (Agreement to Establish Partnership),
II (Partnership Purpose and Goals), and III (Program Areas and
Activities). The primary responsibility of all partners is to
communicate with the other partnering organizations to assist
producers in meeting a generally understood set of federal, state,
regional and local environmental regulations.

The CDFA will organize a limited-scale pilot program for third
party on-site evaluations. The purpose of this pilot project will
be to assess the adequacy of the uniform inspection tool in evaluation
of a dairy. CDFA will be assisted in this project by the other
partners. Other interested parties such as the California Regional
Water Boards and the Department of Health Services will be invited
to participate in both the pilot program and the development of
the certification policies and procedures. The pilot project is
anticipated to take approximately six months. At the end of the
pilot project CDFA will report its findings and recommendations
back to the partners. At that time, all partners will develop
policies and procedures related certification of producers. The
policies and procedures will be agreed to by unanimous consent
all partners prior to their implementation.

California Environmental Protection Agency (Cal-EPA) and the
State Water Resources Control Board (SWRCB) will support the goals
and activities of this agreement as outlined in the above sections
I (Agreement to Establish Partnership), II (Partnership Purpose
and Goals), and III (Program Areas and Activities). The primary
responsibility of all partners is to communicate with the other
partnering organizations to assist producers in meeting a generally
understood set of federal, state, regional and local environmental
regulations.

SWRCB will designate a single representative within its organization
to answer questions regarding the appropriateness of specific
dairy practices. Responses to these questions will take place
within a timely fashion with a goal of a response time of not
more than five working days.

Cal-EPA and SWRCB will share with other partners changes in
policies, guidance and existing regulations at the same time and
in the same manner as the rest of the public prior to implementation.

Copies of Notices of Violation, Cease and Desist Orders and
other regulatory actions will be made available to the partners
and the public to the extent authorized by state 'sunshine' laws
after they are finalized and when they are made public. These
data will assist the partners in defining future education and
training efforts.

Cal-EPA and SWRCB will assist UCCE in the creation of environmental
stewardship educational materials. These materials may include
fact sheets, question and answer sheets, risk evaluation tools
etc.

Cal-EPA and SWRCB will consider the certification status of
a dairy when scheduling routine inspections. The Cal-EPA and SWRCB
maintain their authority to enter, inspect or otherwise obtain
information regarding any facility in any situation to the extent
authorized by the applicable laws for the purposes outlined in
those laws. This includes (but is not limited to) complaints or
requests for inspections from public sources or private parties,
on-going inspections or compliance orders, or any other reason
which leads the Cal-EPA or SWRCB to suspect that a facility is
not in compliance with state or federal regulations.

Cal-EPA and SWRCB will be the lead entities in coordinating
the compilation of inspection protocols related to environmental
regulations.

Cal-EPA and SWRCB will be the lead entities in coordinating
the establishment of a check-list to be used by the third party
during on-site evaluation. This evaluation check list will assist
third party evaluators in determining whether they believe the
facility meets federal, state, regional and local environmental
regulations to the extent possible given differences in geographic
and regulatory locations. This check list will not interfere with
any agency's statutory obligations. A facility's compliance with
the check list will not constitute any agency certification of
compliance with any federal, state, regional or local environmental
laws. Cal-EPA and SWRCB will work to make this check list explicit
and clear enough for an average producer to understand.

Cal-EPA and SWRCB will be the lead entities in the organization
of educational workshops designed to train and evaluate employees
of the third party on-site evaluation organization in the use
of the check-lists described above.

Cal-EPA and SWRCB will take any necessary steps to ensure that
all agencies under its organizational umbrella, (OEHHA, CIWMB,
regional water boards etc.) are aware of and support the obligations
undertaken pursuant to this agreement.

The California Resources Agency and the California Department
of Fish and Game (CRA-DFG) will support the goals and activities
of this agreement as outlined in the above sections I (Agreement
to Establish Partnership), II (Partnership Purpose and Goals),
and III (Program Areas and Activities). The primary responsibility
of all partners is to communicate with the other partnering organizations
to assist producers in meeting a generally understood set of federal,
state, regional and local environmental regulations.

CRA-DFG will designate a single representative within its organization
to answer questions regarding the appropriateness of specific
dairy practices.

CRA-DFG will cooperate with other partners in communicating
changes in existing laws or regulations or their interpretation
to the other partners. CRA-DFG will assist the partners in integrating
these changes or interpretations into the uniform dairy evaluation
tool.

Copies of Notices of Violation, and other regulatory actions
will be made available to the partners. These data will assist
the partners in defining future education and training efforts.

CRA-DFG will assist Cal-EPA and SWRCB in the processes described
above in Section IX, Paragraphs 7,8,9. This includes assisting
in the establishment of a set of uniform inspection procedures,
establishment of a check-list to be used by the third party during
on-site evaluation organization, and organization of educational
workshops designed to train and evaluate employees of the third
party on-site evaluation organization.

CRA-DFG will take any necessary steps to ensure that all agencies
under its organizational umbrella are aware of and supportive
of CRA-DFG's obligations in this agreement.

The USDA Animal Plant Health Inspection Service, Veterinary
Services, California office, (APHIS) will support the goals and
activities of this agreement as outlined in the above sections
I (Agreement to Establish Partnership), II (Partnership Purpose
and Goals), and III (Program Areas and Activities). The primary
responsibility of all partners is to communicate with the other
partnering organizations to assist producers in meeting a generally
understood set of federal, state, regional and local environmental
regulations.

APHIS will assist in providing appropriate personnel and funding
when necessary to conduct research projects, educational seminars,
and general guidance.

APHIS personnel are available as in all cooperative programs
to assist in all activities identified for CDFA.

. The USDA Natural Resource Conservation Service (NRCS) will
support the goals and activities of this agreement as outlined
in the above sections I (Agreement to Establish Partnership),
II (Partnership Purpose and Goals), and III (Program Areas and
Activities). The primary responsibility of all partners is to
communicate with the other partnering organizations to assist
producers in meeting a generally understood set of federal, state,
regional and local environmental regulations.

NRCS will continue to provide technical assistance to dairy
operators.

NRCS will continue to pursue additional avenues for technical
assistance to dairy operators including the development of the
consultant/crop advisor industry.

NRCS will continue to participate in the development of technical
procedures, training materials and educational materials.

The USDA Farm Services Agency (FSA) will support the goals
and activities of this agreement as outlined in the above sections
I (Agreement to Establish Partnership), II (Partnership Purpose
and Goals), and III (Program Areas and Activities). The primary
responsibility of all partners is to communicate with the other
partnering organizations to assist producers in meeting a generally
understood set of federal, state, regional and local environmental
regulations.

The United States Environmental Protection Agency, Region 9
(US-EPA), supports the goals and activities of this partnership
agreement, to the extent that the agreement does not conflict
with US-EPA's authority and obligation to implement federal laws
and regulations including laws related to funding and appropriations.
The primary responsibility of all partners is to communicate with
the other partnering organizations to assist producers in meeting
a generally understood set of federal, state, regional and local
environmental regulations.

US-EPA's access to documents and confidentiality and disclosure
of records shall be governed by applicable federal law.

US-EPA will designate a lead representative and several alternates
to answer questions regarding the appropriateness of specific
dairy practices. Responses to these questions will take place
within a timely fashion and as quickly as possible.

US-EPA will share with other partners changes in policies,
guidance and existing regulations at the same time and in the
same manner as the rest of the public. Such input shall in no
way be construed as surrendering existing statutory or regulatory
authority of US-EPA.

Copies of Notices of Violation, Administrative Compliance Orders
and other regulatory actions will be made available to the partners
at their specific request after they are finalized and made public
as authorized by the Freedom of Information Act (FOIA). These
data will assist the partners in defining future education and
training efforts.

US-EPA will assist UCCE in the creation of environmental stewardship
educational materials. These materials may include fact sheets,
question and answer sheets, risk evaluation tools etc.

US-EPA will consider the certification status of a dairy when
scheduling routine inspections. US-EPA maintains its authority
to inspect any facility to the extent authorized by law.

US-EPA will coordinate with appropriate State agencies when
conducting routine civil inspections. At its discretion, US-EPA
may inform crop advisors and other county officials prior to conducting
such inspections in their county.

US-EPA will be a lead entity in coordinating the compilation
of inspection protocols related to environmental regulations.

US-EPA will assist in establishing materials (such as an inspection
check-list to be used by the third party during on-site evaluation)
that will assist the third party evaluator in determining whether
they believe the facility is in compliance with applicable environmental
statutes. A facility's compliance with a check list will not constitute
agency certification of compliance with any federal, state, or
local environmental laws.

US-EPA will take any necessary steps to ensure that all divisions
within the Regional Office are aware of and support the obligations
described in this agreement.

Obligations of the public and private signatories of this agreement
are limited to the elements of the agreement itself. Participation
in this Environmental Stewardship agreement in no way obligates
collaborating organizations or individual producers to participate
in other components of the CDQAP (such as the food safety and
animal health/welfare modules).

Nothing in this agreement shall be construed as surrendering
existing statutory or regulatory authority of any party.

Nothing in this agreement shall be construed to release a dairy
operator from complying with the applicable federal, state, regional
or local environmental statutes, regulations, permits, or consent
orders.

This agreement may be amended through mutual agreement of the
parties.

Individual partners may unilaterally withdraw from the partnership
agreement following a thirty day notice and explanation of the
reasons for withdrawal given at a meeting of the full partnership.